Broward Florida Code of Ethics, Duty of Care of Board of Directors of Homeowners' Association
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FAQ
Main Duties of HOA Board Members Ensure Compliance to Laws and Governing Documents.Maintain Common Areas.Enforce HOA Rules and Regulations.Manage HOA Finances.Conflict Resolution.Duty of Care.Duty of Loyalty.Duty to Act Within the Scope of Authority.
One of the most important Florida board member requirements is to obtain a certification. This is to ensure all board members are up to speed on applicable regulations.
The three fiduciary duties board members of an HOA should uphold are the Duty of Care, the Duty of Loyalty, and the Duty to Act Within the Scope of Their Authority.
In most cases, homeowners cannot simply sue their HOA. Florida state law generally requires disputes involving property owners and HOAs to move forward through the dispute resolution process. Instead of beginning with traditional litigation, this generally requires the homeowner to seek a resolution through mediation.
Let's start with that first question. The simple answer is NO. HOA rules cannot override state law.
Filing an Official Complaint Residents may file a Condominium/Cooperative Complaint Form (PDF) directly with the Division of Florida Condominiums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
Thus, the Sunshine Law would not generally apply to meetings of a homeowners' association. Section 617.303(2), Florida Statutes, however, does require that all meetings of the board of directors of a homeowners' association be open to all members of the association.
The Florida Homeowners' Association Act (HAA), Fla. Stat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida.
When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else, usually financially. The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary.
For this reason, Florida law holds that HOA boards and board members have certain legal and ethical responsibilities toward property owners and shareholders, known collectively as fiduciary duty.